The California Supreme Court agreed to take up a workers’ comp claimant’s petition to review an appellate court decision. The Appellate Court rejected the Workers’ Compensation Appeals Board’s interpretation of the Patterson Decision and the handling of medical necessity decisions. The WCAB held that an employer must show a change in an injured worker’s medical …
The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board exceeded its jurisdiction when it granted an applicant’s petition for reconsideration nearly two years after the deadline for it to act had lapsed. The court held that the narrow grounds for tolling the WCAB’s deadline did not apply in this case. The decision …
Redwood Fire and Casualty Insurance won a default judgment against the owners of a motel where an employee of one of its insurers was injured, but the victory was short-lived. On appeal, the Fourth District Court of Appeal says the carrier failed to serve a statement of damages before the entry of the defaults and …
The Second District Court of Appeal overturned another Workers’ Compensation Appeals Board decision. This one held that an employer had to show a change in an injured worker’s medical condition before utilization review can deny a renewed request for home health services. The DCA ruled that medical professionals, not lay personnel at the WCAB, must …
The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board properly applied the Shipley decision when it acted upon a petition for reconsideration beyond the 60-day statutory deadline, but says the exception is far narrower than the Board contends. In deciding the case, the court rejected a request to stay the proceeding pending …
A Chicago-based minor league professional baseball team will get a second chance to fight being brought into a California workers’ comp cumulative trauma claim by a former player. The Workers’ Compensation Appeals Board granted reconsideration, ordering the workers’ comp judge to hear and consider testimony that he had blocked the team from providing the first …
Criminal charges are filed and pending against a husband-and-wife duo who allegedly ran a workers’ comp capping scheme that has “referred in excess of 13,467 prospective clients’ cases, and applicants to attorneys or law firms.” Orange County District Attorney Todd Spitzer filed the cases. Two applicants’ attorneys have been criminally charged so far. Sources say …
Tesla Motors is asking the Workers’ Compensation Appeals Board to reconsider a workers’ comp judge’s finding that a Tesla employee was severely injured due to the company’s serious and willful disregard for safety at the job site. Tesla maintains that the trial judge, Therese Da Silva, based the finding on cherry-picked testimony and ignored evidence …